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As a result of an appeal to the Divisional Court, Wills, J., in the course of his judgment, stated:" The only question was whether the money deposited to abide the result of the bet to be paid over to the other party to the bet if he won came within the terms of the Act' any sum of money paid by the person making the that the action will lie, and that paid means paid; out and out.' It does not mean money merely deposited for the purpose of paying some other party." Wright, J., was also of opinion that the terms of the Act referred to an actual and absolute payment, and pointed out that the opposite construction would tend to defeat the Act by allowing retention of the deposit, and so giving the other party the practical certainty of being paid the On the footing of this decision, the law being un- Partnership, altered by the Act, it follows that the decisions in Johnson v (slots).

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